Politics

Electoral Act: Respite For Malami, Amaechi, Others As Court Nullifies Contentious Clause

Published

3 years ago

March 19, 2022

Malami

Respite came the way of Rotimi Amaechi, Abubakar Malami, Chris Ngige and other appointees who are nursing ambition in 2023 as a Federal High Court on Friday nullified section 84 (12) of the amended Electoral Act, which requires them to resign before participating in primaries, convention and other electoral activities.

Buhari had sought the amendment of the act to delete section 84(12), which he said contravened the rights of political officeholders to vote or be voted for in political party conventions and congresses. But the parliament rejected the president’s request.

In line with the section, many state governors have asked their appointees seeking to contest for election to resign.

Section 84(12) states, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the nomination of black candidates for any election.”

While Amaechi and Ngige are said to be eyeing the presidency, Malami, who hails from Kebbi State, wants to contest for the governorship seat of his home state. Head of agencies who are set to contest for elections are also going to be affected by this development.

Court nullifies clause

The Federal High Court sitting in Umuahia, on Friday nullified Section 84(12), saying it was a violation of the provisions of the constitution.

The court, in a judgement delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.

Mr Nduka Edede, a lawyer and chieftain of the Action Alliance (AA) party had approached the court in the suit that had the Attorney General of the Federation as the defendant

The plaintiff had asked the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution was not inconsistent.

The court agreed with the submissions and ordered that Section 84(12) of the Electoral Act was inconsistent with the rights of Nigerian citizens.

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Anyadike held that the said sections already stipulated that appointees of government seeking to contest elections were only to resign, at least 30 days to the date of the election.

She held that any other law that mandated such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal null and void, “to the extent of its inconsistency to the clear provisions of the constitution”.

The judge thereafter ordered the Attorney General of the Federation to forthwith delete the said subsection 12 of Section 84 from the body of the Electoral Act, 2022.

The counsel to the plaintiff, Emeka Ozoani, a Senior Advocate of Nigeria (SAN), said that by this judgement, the National Assembly was not required to further make any amendment to the section.

The defense counsel, Mr Chris Nevo, hailed the judgement, saying the court had put to rest, the section that had been in conflict with provisions of the constitution.

INEC reacts

Reacting to the development, Mr Rotimi Lawrence Oyekanmi, the Chief Press Secretary to the chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, told Daily Trust Saturday that it is within the ambit of the judiciary to adjudicate on matters brought before competent courts of law.

“When such cases are tried and judgements are delivered, compliance becomes compulsory for all parties until a higher court decides otherwise.

“The INEC did not institute the case you referred to, nor are we a party to it, therefore, we do not have any opinion on the ruling,” Oyekanmi said.

We’re not aware of suit – N/Assembly

The Senate spokesman, Senator Ajibola Basiru, said he was not aware of the suit and whether the National Assembly was a party or was served and represented.

Also, the spokesman of the House of Representatives, Benjamin Kalu, said they were not aware of the judgement.

Court has powers to expunge clause – Lawyers

Paul Ananaba (SAN) said that according to section 6 of the Nigerian constitution, the court has the powers to nullify any section of an act that it deems unconstitutional

On the effects of the order on the upcoming 2023 general elections, he said it was for the INEC to study and give its guidelines, and that the court ruled based on the circumstances and not really about the timing of the election.

Also speaking, Abdulrasheed Abdulkareem (SAN) said the Federal High Court had powers to set aside any act or law.

He added that the latest decision would not affect the conduct of the 2023 elections as “that provision is only saying if you want to contest, resign. How does that one aspect affect the Electoral Act?”

Similarly, a former attorney-general of Ekiti State, Dayo Akinlaja (SAN) said the court had the powers to make pronouncements invalidating any provision that is found to be unconstitutional, adding that “it has always been the position of the law.”

“The practice is that once a court has struck down a provision of the law, that provision becomes inoperative.

“Of course, it is a decision of the High Court, anybody who is aggrieved can choose to go on appeal,” he said.

Print new electoral law – AGF

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), said his office would give effect to the decision of the court and would be recognised by the government printers.

In a statement signed by his media aide, Dr Umar Gwandu, the AGF noted, “The Act will be gazetted factoring the effect of the judgement into consideration and deleting the constitutionally offensive provision accordingly.

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.

“This is in line with the dictates of Chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that make it a point of duty and obligation on all authorities and persons to have the judgement of the Federal High Court, among others, to be enforced.”

DAILY TRUST

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Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

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November 26, 2024

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Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

Few days after governors on the platform of the Peoples Democracy Party (PDP) handed down an ultimatum for things to change in the party, the Acting National Chairman of the party, Umar Damagun has moved against the FCT Minister and his loyal lawmakers, the 27 members of the Rivers State House of Assembly.

Damagun in a letter addressed to the Independent National Electoral Commission (INEC) dated 13th November 2024 and released on Sunday by the spokesperson of the Opposition Lawmakers Coalition, Ikenga Ugochinyere urged the electoral umpire to conduct a bye-election to fill up the 27 seats, they vacated to join the All Progressives Congress, APC.

Wike has been accused of being behind the crisis in the PDP over his disagreement with the Rivers State governor, Sim Fubara, his successor.

The crisis which started over control of resources divided the party in the state with 27 lawmakers in the state assembly siding Wike and defected to the APC following Wike’s acceptance to serve in the government of the APC.

He has also been accused of working in cahoots with Damagun to damage the PDP by not organising the National Executive Committee which would lead to the acting Chairman’s ouster.

After a series of agitation, the latest being from the PDP Governors’ Forum over the weekend, Damagun has demanded that INEC conduct elections as soon as possible, apparently moving against the FCT minister.

He argued in letter titled, ‘DEMAND FOR IMMEDIATE CONDUCT OF FRESH ELECTION IN 27 STATE CONSTITUENCIES OF RIVERS STATE WHICH HAVE BECOME VACANT PURSUANT TO SECTION 109(1)(g) OF THE CONSTITUTION’ that it’s “unlawful” for the 27 members to defect.

Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

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Nigeria would have been better under Peter Obi, too much nepotism under Tinubu – Senator Abaribe

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1 day ago

November 26, 2024

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Nigeria would have been better under Peter Obi, too much nepotism under Tinubu – Senator Abaribe

Nigeria would have been better than what it is currently if Peter Obi, candidate of the Labour Party (LP), had won the 2023 elections, the senator representing Abia South, Enyinnaya Abaribe, has said.

Abaribe, who spoke on ‘Politics Today,’ a Channels Television programme, on Monday, said Obi would not have been as nepotistic as the administration of President Bola Tinubu.

“Number one, he would not be as nepotistic as this government; he won’t; it’s not in him. That is just who we are; we feel for the other people.”

The lawmaker called attention to Tinubu’s appointment of four ministers from Ogun alone, noting that many other states have just one.

“I say it, and I don’t think so. We are seeing it everyday. I just gave you one example. How can Ogun state have four ministers? Why does he favour Ogun state? Oyo state has only one minister,” Abaribe said.

”The nepotism of Buhari, which nobody followed, has now deepened under President Tinubu because Buhari did it, and nobody said much. I was the only person shouting.”

He said that rather than waiting for presidents to be fair to the people of the south-east, it is high time people of the zone went back to revamp it, make it more livable, better, and more cohesive.

“It’s obvious that if we continue to look at whoever becomes president, they will look at us and do us right. Apart from Obasanjo and maybe Jonathan, I do not think that we have seen that same type of fairness,” he said.

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Lagos 2027: Seyi Tinubu campaign team releases his life documentary

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November 25, 2024

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Seyi Tinubu, son of President Bola Tinubu, has been tipped for the seat of Lagos governor in the 2027 governorship election.

This was according to a video making the rounds on various social media platforms, which Peoples Gazette saw on Sunday.

The video highlights the president’s son’s biography, focusing on his education, career, and humanitarian activities as a Nigerian. It also documents his involvement in youth development in the country.

This biopic comes on the heels of some groups’ endorsements of Mr Tinubu’s son as a potential successor to Governor Babajide Sanwo-Olu in 2027.